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HomeMy WebLinkAbout01-04009~ r. PAUL REYNA Plaintiff, vs. MATTHEW T. MITROS, THOMAS S. MITROS and JILL E. IVIITROS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 717-249-6166 PAUL REYNA, BY Robert P. Hudock, PA Bar ID #19032 1660 International Drive, Suite 410 McLean, Virginia 22102 703-288-4100 and ~' Z.. Post Office Box 3796 Reston, Virginia 20195-1096 703-757-9577 noticedef ,, .. __ ._... -. - .a,,., v PA Bar 1D #15019 PAUL F2EYNA plaintiff, vs. MATTHEW T. MITROS, THOMAS S. MITROS and JILL E. MITROS Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OI- ymo9 C~~P ~.c,~ CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT plaintiff, PAUL REYNA, through undersigned counsel, Robert P. Hudock and Philip F. Hudock, makes the within Complaint against the Defendants, MATTHEW T. MITROS, THOMAS S. MITROS, and JILL E. MITROS, as follows: 1. The Plaintiff, Paul Reyna ("Plaintiff'), is an adult citizen, currently residing in Cumberland County, Pennsylvania. 2. Upon information and belief, the Defendant, Matthew T. Mitros ("Matthew"), is an adult, currently residing at 207 North Prince Street, Shippensburg, Cumberland County, Pennsylvania. 3. Upon information and belief, the Defendant, Thomas S. Mitros, is an adult, currently residing at 115 East King Street, Shippensburg, Cumberland County, Pennsylvania. 4. Upon information and belief, the Defendant, Jill E. Mitros, is an adult, currently residing at 115 East King Street, Shippensburg, Cumberland County, Pennsylvania. 5. On or about June 30, 1999, at approximately 12:40 a.m., Defendant Matthew was the operator, and Defendants, Thomas S. Mitros and Jill E. Mitros 1 .<~ .. _ (collectively referred to as "Mitros"), the owners, of a 1990 Jeep Cherokee, vehicle identification number 43189016, Pennsylvania license plate number JHW427 (the "Defendants' vehicle"). 6. At the time and place set out within this Complaint, Plaintiff was a guest passenger in the Defendants' vehicle, and as such, had no control over the manner in which the vehicle was being operated. 7. At the time and place set out within this Complaint, the Defendants' vehicle was proceeding in a southeasterly direction on SR4016 in Southampton Township, Franklin County, Pennsylvania. 8. At the time and place set out above, Defendant Matthew drove the Defendants' vehicle off the roadway, crashing into two separate utility poles (the "Collision"), while driving at a speed more than 30 miles per hour in excess of the allowable speed limit, and while under the influence of alcohol. 9. Defendant Matthew was tested, and found to have a 0.19% blood alcohol (BAC) level. He was then cited for Driving Under the Influence (DUI) of alcohol, in violation of 75 Pa. C.S.A. §3731(a)(1) and (a)(4). Upon information and belief, Defendant Matthew was also cited for (a) failing to operate his vehicle at a safe and appropriate speed, in violation of Pa. C.S.A. §3361; (b) careless driving, in violation of Pa. C.S,A. §3714; and (c) aggravated assault by vehicle, while driving under the influence, in violation of Pa. C.S.A. §3735.1(a). 10. Upon information and belief, Defendant Matthew entered a plea of guilty of DUI with the Franklin County Court of Common Pleas. 2 11. As a direct and proximate result of the negligence of Defendant Matthew, Plaintiff sustained serious and permanent injuries requiring extensive and continuing medical treatment. 12. Plaintiff believes, and therefore avers, that Defendant Matthew was driving under the influence of alcohol at the time of the Collision. 13. Plaintiff has been advised, and therefore avers, that he has sustained injuries that have resulted in injuries which are serious and permanent. COUNTI Negligence 14. Plaintiff incorporates herein by reference, and makes part of this Count, ¶~(1-13 of this Complaint, as if the same had been fully set forth verbatim. 15. The occurrence of the Collision and the resultant injuries to Plaintiff were caused directly and proximately by the negligence of the Defendant Matthew generally, and more specifically, as set forth below: (a) In failing to keep a reasonable lookout; (b) In failing to operate his vehicle under proper and adequate control, so as to avoid a collision; (c) In failing to operate his vehicle in such a manner so that he could apply his brakes to avoid a collision; (d) In failing to operate his vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance; (e) In failing to take such precautions as a prudent man would take in regard to speed and control of his vehicle; 3 (f) In failing to maintain proper and adequate observation of the existing traffic and road conditions; (g) In operating his motor vehicle at a speed and in such a manner so as to manifest a careless disregard for the safety of the Plaintiff; (h) In driving while intoxicated, in violation of 75 Pa. C.S.A. §3371; and (i) In driving his motor vehicle at a time when he was unfit to do so, due to his consumption of alcohol. 16. As a direct and proximate result of the Defendant Matthew's negligence, Plaintiff has sustained severe and painful bodily injuries, including, but not limited to, fractured pelvis, fractured elbow, de-gloving of tissue on thigh, and other general strains, scrapes, and bruises. 17. As a direct and proximate result of the Defendant Matthew's negligence, Plaintiff has been, and will in the future be, hindered from performing the duties required by his usual occupation, and from attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 18. As a direct and proximate result of the Defendant Matthew's negligence, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional and financial detriment. 19. As a direct and proximate result of the Defendant Matthew's negligence, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large Bums of money for medicine and medical attention. Plaintiff will continue to 4 receive treatment and incur expenses for the said injuries to his great detriment and loss. 20. As a direct and proximate result of the Defendant Matthew's negligence, Plaintiff has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss. 21. As a direct and proximate result of the Defendant Matthew's negligence, Plaintiff has suffered a loss of income, in an amount to be determined and hereafter proven. WHEREFORE, Plaintiff seeks damages from the Defendants, jointly and severally, in an amount in excess of $25,000.00. COUNT II Gross Negligence/Outrageous Conduct 22. Plaintiff incorporates herein by reference, and makes part of this Count, ¶¶1-21 of this Complaint, as if the same had been fully set forth verbatim. 23. The occurrence of the Collision and the resultant injuries to Plaintiff were caused directly and proximately by the outrageous and gross negligent acts of the Defendant Matthew, generally, and more specifically, as set forth below: (a) In driving while intoxicated, in violation of Pa. C.S.A. §3731; (b) In willfully, wantonly and with careless disregard for the safety and health of the Plaintiff, operating his vehicle at a time when he was unfit to do so, due to his consumption of alcohol; and (c) In otherwise acting with reckless indifference to the rights and safety of the Plaintiff. 5 ~~ 24. The actions of the Defendant Matthew in operating his motor vehicle under the aforementioned conditions amount to gross negligence, which the Defendant Matthew knew, or should have known, constituted reckless and wanton disregard for the safety of others. 25. As a direct and proximate result of the outrageous and grossly negligent acts of the Defendant Matthew, Plaintiff has sustained severe and painful bodily injuries, including, but not limited to, fractured pelvis, fractured elbow, de-gloving of tissue on thigh, and other general strains, scrapes, and bruises. 26. As a direct and proximate result of the outrageous and grossly negligent acts of the Defendant Matthew, Plaintiff has been, and will in the future be, hindered from performing the duties required by his usual occupation, and from attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 27. As a direct and proximate result of the outrageous and grossly negligent acts of the Defendant Matthew, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same .for an indefinite period of time in the future, to his great physical, emotional and financial detriment. 28. As a direct and proximate result of the outrageous and grossly negligent acts of the Defendant Matthew, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff will continue to receive treatment and incur expenses for the said injuries to his great detriment and loss. 6 29. As a direct and proximate result of the outrageous and grossly negligent acts of the Defendant Matthew, Plaintiff has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss. 30. As a direct and proximate result of the outrageous and grossly negligent acts of the Defendant Matthew, Plaintiff has suffered a loss of income, in an amount to be determined and hereafter proven. WHEREFORE, Plaintiff seeks damages, including punitive damages, from the Defendants, jointly and severally, in an amount in excess of $25,000.00. COUNT III Negligent Entrustment 31. Plaintiff incorporates herein by reference, and makes part of this Count, ¶¶1-30 of this Complaint, as if the same had been fully set forth verbatim. 32. Plaintiff believes, and therefore avers, that the Defendants Mitros knew, or reasonably should have known, that the Defendant Matthew would, or was likely to, consume alcoholic beverages while operating the Defendants' vehicle, thus creating an unreasonable risk of harm to others, including the Plaintiff. 33. Defendants Mitros were negligent and/or grossly negligent in allowing the Defendant Matthew to operate the Defendants' vehicle when they knew, or reasonably should have known, that the Defendant Matthew would, or was likely to, consume alcoholic beverages while operating the Defendants' vehicle. 34. As a direct and proximate result of the negligent and/or gross negligent acts of the Defendants Mitros, the Plaintiff has sustained severe and permanent injuries, 7 including, but not limited to, fractured pelvis, fractured elbow, de-gloving of tissue on thigh, and other general strains, scrapes, and bruises. 35. As a direct and proximate result of the negligent and/or grossly negligent acts of the Defendants Mitros, Plaintiff has been, and will in the future be, hindered from performing the duties required by his usual occupation, and from attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 36. As a direct and proximate result of the negligent and/or grossly negligent acts of the Defendants Mitros, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional and financial detriment. 37. As a direct and proximate result of the negligent and/or grossly negligent acts of the Defendants Mitros, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff will continue to receive treatment and incur expenses for the said injuries to his great detriment and loss. 38. As a direct and proximate result of the negligent and/or grossly negligent acts of the Defendants Mitros, Plaintiff has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss. 39. As a direct and proximate result of the negligent and/or grossly negligent acts of the Defendants Mitros, Plaintiff has suffered a loss of income, in an amount to be determined and hereafter proven. WHEREFORE, Plaintiff seeks damages, including punitive damages, from the Defendants Mitros, in an amount in excess of $25,000.00. 8 Respectfully submitted this 27`h day of June, 2001. PLAINTIFF, PAUL REYNA, BY C~INSEL: Robert P. Hudock, Esq. ~ PA ID #19032 1660 International Drive, Suite 410 McLean, Virginia 22102 703-288-4100 9 PA Bar ID #15019 Post Office Box 3796 Reston, Virginia 20195-1096 703-757-9577 VERIFICATION PURSUANT TO Pa.R.C.P. No. 1024(c) PHILIP F. HUDOCK, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate, to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: June 27, 2001 comp 10 :,,~~ . (~ ~ ~ C C -r~ ~ ~ C Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 PAUL REYNA, Plaintiff v. MATTHEW T. MITROS, THOMAS S. MITROS and JILL E. MITROS, Defendants APPEARANCE N0.01-4009 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED AND NOW, this ' 1 day of July, 2001, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530 on behalf of Defendants in the above captioned suit. JOHNSON, Dk1FFIE, STEWART &WEIDNER BY; :147967 5774-350 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jr. . Y~~s CERT/F/GATE OF SERV/CE AND NOW, this 1I~ day of July, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Philip F. Hudock, Esquire P.O. Box 3796 Reston, VA 20195-1096 JOHNSON, DUFFIE, STEWART & WEIDNER By: i~./// ~ J .~.~i, D ichelle Hagy r, <:~ ~_ ' ; _ . , ~- ~~;_ ~: _. ~.c: _, 'Re CASE NO: 2001-04009 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REYNA PAUL VS MITROS MATTHEW T ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MITROS MATTHEW T the DEFENDANT at 0955:00 HOURS, on the 2nd day of July 2001 at 207 NORTH PRINCE STREET SHIPPENSHURG, PA 17257 by handing to THOMAS S. MITROS, FATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.65 Affidavit .00 Surcharge 10.00 .00 41.65 Sworn and Subscribed to before me this .?3,,~ day of aoo/ A.D. Q- iO ~~Prothonotary So Answers: _ ,~!~ R. Thomas Kline 07/03/2001 PHILIP HUDOCK By: eput heriff CASE NO: 2001-04009 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REYNA PAUL VS MITROS MATTHEW T BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MITROS THOMAS the DEFENDANT at 0955:00 HOURS, on the 2nd day of July 2001 at 115 EAST KING STREET SHIPPENSBURG, PA 17257 by handing to THOMAS S. MITROS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.65 Affidavit .00 Surcharge 10.00 .00 29.65 Sworn and Subscribed to before me this „?3,~ day of A.D. r thonotary So Answers: ~'~~%~ R. Thomas Kline 07/03/2001 PHILIP HUDOCK By. Deputy heriff »,, CASE NO: 2001-04009 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REYNA PAUL VS MITROS MATTHEW T ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MITROS JILL E DEFENDANT the at 0955:00 HOURS, on the 2nd day of July 2001 at 115 EAST KING STREET SHIPPENSBURG. PA 17257 THOMAS S. MITROS, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me tnhis a3,~ day of C )Yi ~ 00 r thonotary So Answers: R. Thomas Kline 07/03/2001 PHILIP HUDOCK By: ~~ ~~~ ~ Deput Sheriff Johanson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PAUL REYNA, Plaintiff v. MATTHEW T. MITROS, THOMAS S. MITROS and JILL E. MITROS, Defendants AUf ~ Attorneys for e end is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-4009 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO COMPLA/NT AND NOW, this 8`h day of July, 2001, come Defendants, through their undersigned attorneys, and answer Plaintiff's complaint as follows: 1. - 5. Atlmifted. 6. Denied in Part. Admitted in Part. That Plaintiff had no control over the way in which the vehicle was operated is denied. The remainder of this averment is admitted. 7. Atlmifted. 8. Admitted in Part. Denied in Part. That Defendant's vehicle left the road and crashed into two separate utility poles is admitted. The remainder of this averment is denied. 9. Admitted in Part. Denied in Part. That Defendant Matthew T. Mitros had a .19 BAC and was cited for various violations of the vehicle code is admitted. The remainder of this averment is denied. 10. Admitted. .,~.3~ . ~,,,_,,.~.x,.- ., 11. Denied. 12. Denied. This averment is deemed denied as a conclusion of law to which no responsive pleading is required. 13. Denied. COUNTI Negligence 14. Admitted in Part. Denied in Part. Paragraphs 1 - 13 hereof are incorporated by reference herein. 15. - 21. Denied. WHEREFORE, Defendants demand that Plaintiffs complaint against them be dismissed. COUNT II Gross Negligence /Outrageous Conduct 22. Admitted in Part. Denied in Part. Paragraphs 1 - 21 hereof are incorporated by reference herein. 23. - 30. Denied. WHEREFORE, Defendants demand that Plaintiffs complaint against them be dismissed. COUNT 111 Negligent Entrustment 31. Admitted in Part. Denied in Part. Paragraphs 1 - 30 hereof are incorporated by reference herein. 32. - 39. Denied. These averments are denied generally pursuant to Pa. R.C.P. No. 1029(e). They are further denied specifically in that answering Defendants neither knew nor had reason to know that Defendant Matthew T. Mitros would act as complained of in Plaintiff's complaint and any acts of negligence, gross negligence or other basis for liability on their part is specifically denied. WHEREFORE, Defendants demand that Plaintiffs complaint against them be dismissed. JOHNSON, DUFFIE, STEWART & WEIDNER v-- By.~/ ~, C. Roy Weidner, Jr. :148299 5774-350 Vi The undersigned says that the facts verification is made subject to the penalties authorities. Dated CERT/F/GATE OF SERV/CE AND NOW, this 8~h day of August, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Philip F. Hudock, Esquire P.O. Box 3796 Reston, VA 20195-1096 JOHNSON, DUFFIE, STEWART & WEIDNER helle Hagy ~P ~: c> :a r vcz: ~ ~ z _, , ~~' ~ ,.,, _._ - ~ i- s _ '\ .': ~ ~ ~ '~) C i.l T `~ _ {~ K~ K~ Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PAUL REYNA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4009 CIVIL v. CIVIL ACTION -LAW MATTHEW T. MITROS, THOMAS S. MITROS and JILL E. MITROS, JURY TRIAL DEMANDED Defendants PRAEC/PE TO /O/NADD/T/ONAL DEFENDANTS TO THE PROTHONOTARY: AND NOW, this ~ may of August, 2001, issue a writ of summons joining as Additional Defendants in the above captioned matter FBI, Inc. t/a Fannettsburg Inn and Fannettsburg Inn and cause the Sheriff to serve the same forthwith at the Additional Defendants' last known address to wit: Fannettsburg Inn, 11057 Creek Road, Fannettsburg, Pennsylvania 17221. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jr. :149033 5774-350 CERT/F/GATE OF SERV/CE AND NOW, this p~~ day of August, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Philip F. Hudock, Esquire P.O. Box 3796 Reston, VA 20195-1096 JOHNSON, DUFFIE, STEWART & WEIDNER By: i ~a~f a~.0~ ichelle Hagy Cumberland County, ss The Commonwealth of Pennsylvania to FBI. Inc. t/a Fannettsburq Inn and (Name of Addvtional Defendant) Fannettsburg Inn You are notified that- Matthew z (Name (s) of Defendant (s) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. August 30, 2001 Curtis R. liro$ionotary ~Rv ~.0 O.`..e~ ~ _ C/ / /~11~ Deputy Fannettsburg Inn 11057 Creek Road Fannettsburg, PA 17221 0 HJ bwca C] t7JO ~7' O~ J ~~~ ~~ ~ P` N N t O ~ N k oo~ ~ tD ~ S m ~ N n H ° ~ m- w rt 4 o ~ :~ r r ~ o E ~ ~~ ~, ~ a p n d H b r H ~I O ~ ~ zd d~ ~z rt art r+ rt rt F' H H ~ ~ ub ~ a. ~ rt ~ ~ ~ ~ ~ ~ ~ a MI o. ~ N ~ 3 3 rt n 0 m a N z 0 ~o r 0 0 C1 C N H SHERIFF'S RETURN - OUT OF COUNTY " CASE NO: 2001-04009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REYNA PAUL VS MITROS MATTHEW T ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT to wit: FBI INC T/A FANNETTSBURG INN but was unable to locate Them deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On September 24th 2001 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answe Docketing 18.00 "~ Out of County 9.00 -'" Surcharge 10.00 Thomas Kline Dep Franklin Co 49.40 Sheriff of Cumberland County .00 86.40 09/24/2001 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribed to before me this d%- day of - ~~ A.D. ',N~ w ~ OL ~ ' Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-04009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REYNA PAUL VS MITROS MATTHEW T ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT to wit: FANNETTSBURG INN but was unable to locate Them deputized the sheriff of FRANKLIN serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On September 24th 2001 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answ ~~ Docketing 6.00 Out of County .00 Surcharge 10.00 Thomas Kline .00 Sheriff of Cumberland County nn 1 O V V 09/24/2001 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribed to before me this ~7~ day of~k~ ~Uo ~ A.D. ~~1~ ~~ Prothono a y ' in his bailiwick, He therefore I~ ~'he C~tert of C~~mm~mn Pleas ~f C~amb~rlanal County, Pennsylvania Paul Reyna VS Matthew T. Mitros et a1 VS. FBI Inc t/a Fannettsburg Inn serve: same No Ol 4009 civil Now, August 31, 2001 I, SFIERIFF OF CUMEERLAND COUAiTY, PA, do hereby deputize the Shet~iff of Franklin County to execute this Writ, this deputation being made at the xequest and risk of the Plaintiff: ~. Sheriff of Cumberland County, PA Af~ada~t ®f Sete Now, within upon at by handing to a and made laiown to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA .,~ r In The Court of C®Bnmon fleas of Cu>rnberland County, Pennsylvania Paul Reyna VS Matthew T. Mitros et al VS. FBI Inc t/a Fannettsburg Inn server Fannettsburg Inn No O1 4009 civil Now, August 3I, 2001_._ , I, SFIERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. e «.-max..,.` Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2001-04009 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MITROS MATTHEW ET AL VS FBI, INC T/A FANNETTSBURG INN JASON M BITNER - DEPUTY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT TO JOIN ADDTL DEF FANNETTSBURG INN was served upon the DEFENDANT at 1920:00 Hour, on the 13th day of September, 2001 at 11057 CREED ROAD FANNETTSBURG, PA 17221 by handing to LINDA VIVERETTE a true and attested copy of WRIT TO JOIN ADDTL DEF together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 9.00 Service 9.00 JASON M BITNER - DEPUTY Affidavit 4.00 Surcharge 10.00 By ~ k ~- Mileage 17.40 puty Sheriff 49.40 09/17/2001 CUMBERLAND COUNTY SHERIFF Sworn and Subscribed to before me th~is,,,~~ day of S~', /~1( X )~ /1 /1 A.D. rvotanal Seal Pafrici A SPrine, Notary Public M>iambersbury 8nro, Franklin Coun y Comm~~!°~ Expires Nov. 4, pppq SHERIFF'S RETURN - REGULAR CASE N0: 2001-04009 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MITROS MATTHEW ET AL VS FBI, INC T/A FANIVETTSBURG JASON M BITNER - DEPUTY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT TO JOIN ADDTL DEF FBI, INC T/A FANNETTSBURG INN was served upon the DEFENDANT at 1920:00 Hour, on the 13th day of September, 2001 at 11057 CREED ROAD FANNETTSBURG, PA 17221 by handing to LINDA VIVERETTE a true and attested copy of WRIT TO JOIN ADDTL DEF together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service JASON M BITNER - DEPUTY Affidavit Surcharge By Q~_ ~ ~~ Mileage puty Sheriff 09/17/2001 CUMBERLAND COUNTY SHERIFF Sworn and Subscribed to before me the ~~ day of S~F • A.D. PePricia q ~o[ar~i Seal Chambe~bu,~;S e, Notary Public ~~ '~""- Franklin County MY Ctl~ •~~` ,pves Nov. 4, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY REYN~ S Vs. NO. 014009 CV MITROS, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/12/01 C ROY WEIDNER, ESQUIRE ~'~ 301 MARKET ST P O,BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ~ ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Jacqueliae Ciarrocchi File #: M279387 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY REYNA Vs. MITROS, ET AL TO: PHILIP HUDOCK No. 014009 CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/21/01 C ROY WEIDNER, ESQUIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQIIIRIES SBOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M279387 OOi~NWFALTH OF PENNSYLVANIA ODUNPY OF COMBFRLAZ~ REYNA ' ' Vs. MITROS, ET AL File No. niann9 CV SUBPOENA TO PRODUCE DOCUh1ENTS Oft THINS FOR DISCOVERY PURSUANT TO RULE 4009.22 CHAMBERSBURG HOSP, 112 N 7TH ST, CHAMBERSBURG PA 17201 TO: nmmnT. MP~nT('a7 RF.CnRDS DEPT __ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: __ SEE ATTACHED ADDENDUM at MEDICAL-LEGAL REPRODIICTIONS(,q~~$sf1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together with the certificate of crnpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (201 days after its service, the party serving thi: subpoena may seek a court orde• crnpelling you to crnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOILGWiNG PERSON: Nom: r Rnv wFTn~g, ESQ ADDRESS: TELEPHONE: LEMOYNE, PA 17043-0109 SUPREME 0O11F2T ID # 215-335-3212 ATTORNEY FOR DEFENDANT M279387-01 d 5 ; oZav j DATE: Seal of the Court BV 7~ OOURT: Protho tar /Clerk, C~jiil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA REYNA Vs. MITROS, ET AL No. 014009 CV CUSTODIAN OF RECORDS FoR: CHAMBERSBURG HOSP SPECIFICALLY ***LIMITED*** TO ADMISSION SUMMARY, DISCHARGE SUMMARY, EMERGENCY CARE UNIT RECORDS, HISTORY AND PHYSICAL EXAMINATION NOTES AND BLOOD TEST RESULTS FROM 6/30/99 TO 6/30/99. PERTAINING TO: NAME: PAUL M REYNA ADDRESS: 48 E KING ST SHIPPENSBURG PA DATE OF BIRTH: 01/24/77 SSAN•: 460570094 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN -COMPLETE AND RETURN ( ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orized signature or CHAMBERSBURG HOSP CUMBERLAND M279387-01 *** SIGN AND RETURN THIS PAGE *** Cppq+pNWEALTH OF PII`II`1SYLVANTA COUNPY OF CIJMBIIUAt`ID REYNA Vs. File No. nia009 CV MITROS, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUMBERLAND VALLEY EMS, PO BOX 100, CARLISLE PA 17013 TO: l4'P'~d• CUSTCIDIAN nF RF("nRnR -- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court. to produce the following documents or things: __ SEE ATTACHED ADDENDUM at MEDICAL LEGAL RSPRODIICTIONS(Ac~ress~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t> this subpoena, together with the certificate of carpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonably cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its serv'ce, the party serving thi: subpoena may seek a court orde•- crnpelling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA1'tE: r' RnY _I~IF.TI~NF.R. ESQ ADDRESS: ~01E3'--ST- TELEPHONE: LEMOYNE, PA 17043-0109 SUPREME COURT ID ~ 215-335-3212 ATTORNEY FOR: la~~n DEFENDANT M27938 2 .~~ .ZS . ~.°z" DATE: Seal of the Court BY YIiE COURT: Prothonot y/ Jerk, `~'vil Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA REYNA Vs~ MITROS, ET AL No. 014009 CV CUSTODIAN OF RECORDS FoR: CUMBERLAND VALLEY EMS SPECIFICALLY ***LIMITED*** TO AMBULANCE REPORT/RECORDS OF 6/30/99. PERTAINING TO: NAME: PAUL M REYNA ADDRESS: 48 E KING ST SHIPPENSBURG PA DATE OF BIRTH: Q1/24/77 SSAN: 4Fr0570094 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHEDHERETO: I hereby certify as custodian of records that, to the beet of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND VALLEY EMS CUMBERLAND M279387-02 *** SiGN AND RETURN THIS PAGE *** n v r i C- 7 J 7 --, v "c' ~ ~ `` ~ ~ -__ =1 ~' = c, : - / ~~~ 7 . „c; ' ~~~ r., __.. ~- ~:; " ~, v c' ' ~a --, _ ..4 ~, Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants PAUL REYNA, Plaintiff v. MATTHEW T. MITROS, THOMAS S. MITROS and JILL E. MITROS, Defendants v. FBI, INC. t/a FANNETTSBURG INN and FANNETTSBURG INN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4009 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAEC/PE TO SETTLEAND D/SCONT/NUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. LAW OF CE HI . H DO Philip udock JOHNSO , DUFFI ART & WEIDNER gy; - -_- -_ __ . Roy Weid D/SCONT/NUANCE CERT/F/GATE AND NOW, ~~ ~ l D Gv/ suit has been marked as above directed. PROTHONOTARY ~-M :151041 °`~ 5774-350 ,a CERT/FICATE OF SERV/CE AND NOW, this.~~day of UVrr~~er , 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Philip F. Hudock, Esquire P.O. Box 3796 Reston, VA 20195-1096 JOHNSON, DUFFIE, STEWART & WEIDNER 4iehelle Hagy ... -_ ,~ C; ~ ~ c_ .. - -:~ •~t,_: :a { y ~_ _ . ~j=' 1 r ~~. i ; 7 '_ _ C' .;, ~_ q ~` .. ~. _ ~~ ~. .._